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MAYFIELD v. CHISHOLM-MOORE HOIST DIVISION

No. 72-2503 Summary Calendar.

467 F.2d 483 (1972)

Delmar MAYFIELD, Individually, and on behalf of Liberty Mutual Insurance Company, Plaintiff-Appellee, v. CHISHOLM-MOORE HOIST DIVISION and Columbus McKinnon Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 6, 1972.

Attorney(s) appearing for the Case

Macbeth Wagnon, Jr., Marvin H. Campbell, Birmingham, Ala., for plaintiff-appellee.

Ray O. Noojin, Jr., Eugene P. Stutts, Charles E. Sharp, Birmingham, Ala., for defendants-appellants.

Before BELL, DYER and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 6, 1972.

PER CURIAM:

The sole issue presented by this appeal is whether there was sufficient evidence of defendant's negligence to submit the case to the jury.

A careful consideration of the record convinces us that there was "evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions". Boeing Company v. Shipman, 5 Cir...

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